81052. Misbranding of canned tomatoes. U. S. v. 19 Cases of Tomatoes. Default 
decree of condemnation. Product ordered delivered to a cbarltable 
or public welfare organization.    (F. & D. No. 45587.    Sample No. 75572-D.)
This product was substandard because it was not normally colored, and it 
was not labeled to indicate that it was substandard.
On January 11, 1940, the United States attorney for the Eastern District 
of Kentucky, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 19 cases of 
canned tomatoes at Middlesboro, Ky.; alleging that the article had been shipped 
in interstate commerce on or about November 1, 1939, by A. A. Richardson 
from Tazewell, Tenn.; and charging that it was misbranded in violation of 
the Food and Drugs Act. The article was labeled in part: "Walloon Springs 
Brand   *    *   *   Tomatoes."
It was alleged to be misbranded in that it was canned food and fell below 
the standard of quality and condition promulgated by the Secretary of Agri- 
culture since it was not normally colored, and its package or label did not bear 
a plain and conspicuous statement prescribed by regulation of this Department 
indicating that it fell below such standard.
On February 21, 1940, no claimant having appeared, judgment of condem- 
nation was entered and the product was ordered delivered to a charitable or 
public welfare organization.
GROVER B. HILL, Acting Secretary of Agriculture.